Kramer33

Texas debt lawsuit going on no activity for 18 months and now has trial date next month??

Recommended Posts

Need advice. Junk debt attorney sued me in 2014 for allegations on a Care Credit card (which was sanctioned for violating the CFPA by the Consumer Financial Protection Bureau for many illegal practices). My answer was timely filed and now it's going on 18 months with no activity from the court or plaintiffs. I received a letter for trial date next month. What are my options? 

Link to post
Share on other sites

It's probably to late for discovery, but you could try a motion to compel priviate contractual arbitration.  Care credit has arbitration agreements for JAMS in all their agreements.  Google credit card data base and find your specific agreement. There are sample motions in multiple threads posted here.

Link to post
Share on other sites

Last week in the mail.  Could I file a motion to dismiss for want to persecution?  

I have not received one piece of documentation from the plaintiffs and no activity has been for almost 18 months on the docket. Texas Supreme Court states timeline for civil suit no jury is 12 months? 

Link to post
Share on other sites
Guest usctrojanalum

Whether or not you can bring a motion to dismiss for want of prosecution really depends on what statutes and case law say on the matter and what the procedure is for getting a case dismissed.  There was a recent case in NY of a case that had no movement in 20 years and it was allowed to proceed because the matter was never marked off the calendar. 

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.